A top Boston hospital, already accused of losing the body of a baby girl who died at 12 days old, is facing new claims of improper disposal of infant remains.
A lawyer for the families says Brigham and Women's Hospital has a "missing baby problem," though the prestigious hospital is calling the new allegations inaccurate.
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The allegations were heard Thursday at a hearing over evidence in Suffolk Superior Court.
The initial case stemmed from the death of a baby named Everleigh in 2020 — her remains couldn't be found at the hospital's morgue when a funeral home attendant went to retrieve them to prepare them for burial. Her parents, Alana Ross and Daniel McCarthy, filed suit last year, saying the girl's body was inadvertently thrown away by a Brigham and Women's Hospital employee along with soiled linens from the hospital's morgue, causing them emotional distress.
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"Baby Everleigh's family filed a suit in part to find out what happened to Everleigh but also to make sure this didn't happen to anyone else," lawyer Greg Henning said. "Unfortunately, their fears have now been realized — that this has happened to at least four other families."
Jenning said four more familes have come forward saying similar situations happened to them within 17 months from 2020 to 2022.
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An attorney for the hospital argued that those accusations involve different circumstances, because they involved abortions and waivers.
Outside of court, a Brigham and Women's Hospital representative shared this statement: "While we are unable to comment on ongoing litigation, the allegation that there are additional cases is inaccurate. Our policy is designed to be as clear and straightforward as possible for patients and requires written consent. We also intentionally limit additional outreach after receiving written consent because we know that can be re-traumatizing for our patients. Any loss is difficult for our patients and their families and we are committed to supporting them with the dignity and respect they deserve."
Thursday's hearing involved a claim from Henning that the hospital hasn't been forthcoming with evidence, writing in a motion that Brigham was using the process "as gamesmanship."
The hospital's attorney replied in court that he was confused "to say the least" at the claim "we did not produce anything in compliance with the court order."
Henning said two more lawsuits were due to be filed against the hospital soon, with two others to be filed in the next few weeks.
The initial case involving Everleigh's body named Brigham, parent company Mass General Brigham, as well as more than a dozen employees as defendants. The suit claims breach of contract, negligence, intentional infliction of emotional distress; and wrongful interference with human remains.
The the hospital's chief medical officer said at that time that while he could not comment on the specifics of the case, he sympathized with the family and said that details of what happened were shared with the family, following procedure.
Everleigh was delivered prematurely on July 25, 2020, weighing 2 pounds, 5 ounces (1 kg). She "suffered medical complications" and was transferred to intensive care. Her parents held Everleigh for the first time on Aug. 1, read to her, maintained a constant vigil, and had her baptized before she died in her mother's arms on Aug. 6, 2020.
Her swaddled body was transferred to the hospital morgue to give Ross and McCarthy a few days to make funeral arrangements. But, according to the suit, a hospital employee placed the baby on a table that was "not the appropriate or the designated place for the delivery of infant remains to the morgue," because another worker was blocking the racks designed for children.
Apparently, no one knew the baby was missing until Aug. 10 when a funeral home representative arrived at the hospital to pick up the body. Everleigh could not be found.
Her parents contacted Boston police on Aug. 11, who investigated and determined, through video surveillance and employee interviews, that Everleigh was likely thrown away with soiled linens from the morgue on Aug. 7.
Police traced where the body might have ended up, and on two occasions police investigators as well as trash company workers sifted through mountains of medical debris often covered in blood and human waste to find Everleigh, to no avail.
McCarthy and Ross are faithful Catholics and wanted a proper funeral and burial for their daughter so they always had a place they could visit her, Henning has said. Now all they have is a box containing a few photos, baptismal water, handprints, footprints and a knit hat.
The Associated Press contributed to this report.
